questionably mixed together the notions of legal Right and legal Duty. They considered the parties as bound together by a vinculum juris, a bond or chain of law, and 'Obligation,' which is the name for this chain, signified rights as well as duties; the right, for example, to have a debt paid as well as the duty of paying it. As I have said elsewhere, 'the Romans kept, in fact, the entire picture of the "legal chain" before their eyes, and regarded one end of it no more and no less than the other.' But it was the Court of Justice which had welded this chain, and the explanation of this and other blended ideas which we can detect in Roman legal phraseology is, I presume, that the dominancy of the Court of Justice over all legal notions still continued to influence the Roman view of law. Although, however, the authors of the Roman Institutional manuals did not invent, and could not have invented, arrangements of law based on classification of Rights, they did, as we have seen, attain to the conception of law as something distinct from Procedure, and they did conceive it as distributable into the Law of Persons and the Law of Things. The exact relation of these two departments to one another has been keenly disputed by modern writers, and it cannot be conveniently considered here; but anybody who can bring home to himself the ancient ideas of law on which I have sought to throw light may, perhaps, convince himself that the

conception of a Law of Things, at all events, was a great achievement in mental abstraction; and that it must have been a man of legal genius who first discerned that Law might be thought of and set forth apart from the Courts of Justice which administered it on the one hand, and apart from the classes of persons to whom they administered it on the other.

INDEX.

ANCIENT

to funeral rites, 80; intense desire
for male offspring, 86
Ancient Societies, kings judges in, 160
et seq.

Andaman Islanders, the, account of,
Note A, 229 et seq.

Apastamba, Law-Book of, quoted, 13,
17, 30, 73, 81, 89, 94, 127; referred
to, 43, 107, 109, 115

Aphorisms, as determining dates of an-
cient law-books, referred to, 9, 10
Appointment, explanation of, 91; sacer-
dotal formula of, 91; customs akin
to, 92; practice of among Athenians,
92; theory of in medieval law, 93;
theory upon which Edward III. of
England based his claim to throne of
France, 93; effect of upon right of
women to inherit, 94; Hindu testi-
mony as to female right of inheri-
tance, 94

Aristotle, his view and illustration of
Patriarchal theory of Society re-
ferred to, 196, 198; his treatise on

4

Barbarian Customs' alluded to, 197
Austin, the jurist, his speculations on
legal Classification mentioned, 364,
389

Austrian Code, the, referred to, 265

BACON, Lord, his

referred to, 371

Abridgement'

Baudhayana, Law-books of, referred to,
43, 107, 109, 112 n.; his judgment
upon affiliation referred to, 87
Beaumarchais, his Mariage de Figaro'
alluded to, 313

Belgian Constitution, the, referred to,
Note A, 285

Beneficium, the, stage in the history of
land law marked by, 345; its simi-
larity to the Emphyteusis, 345; dis-
pute as to application of, 345; called
the Feodum, 346

Bentham, the jurist, referred to, 351,
360, 362, 389

Bogišic, Professor, his opinions referred
to, 195, 241, 242, 244 m, 255, 261,
263
Bonitarian Ownership. See Possession,
law of, and 343

Boulnois and Rattigan, Messrs., their
'Notes' on Punjab law referred to,

115 n.

- the, their absolute ascendency, 46;
their self-denial, 47 et seq.; support
of, alluded to, 82; compared with
that encouraged by early Christian
Churches, 84, 85

Brahmanical legal authors, priestly
character of, as affecting their books,
27, 28

Brehon Law Schools, the, referred to,
14, 15

Brehon laws, the, alluded to, 84, 348,
375, 376

British Constitution, the, referred to,
Note A, 285

Broken Man,' the. See Fuidhir

Brosses, De, President, his 'Lettres
Ecrites d'Italie' referred to, Note B,
124

Buddha, Buddhism, 30, 31

Bühler, Dr., his preface in Sacred
Books of the East' quoted, 87
'Burning of the Châteaux,' meaning
and object of, 296 et seq.

CAHI

YAHIERS, the, neglect of informa-
tion contained in them, 291; rea-
sons for this neglect, 292 et εng.;
examination of these reasons by De
Tocqueville, 292; collections of them
published by Prudhomme and Lan-
rent de Mézières, 294; statements in
referred to, 311

Callaway, Canon, his observations
quoted, 54

Capetians, the, Royal House of referred
to, 138, 142, 152, 154, 155
Carolingian power, the dissolution of
noticed, 349 et seq.; this dissolution
compared with that of Mogul, 351
Carpenter, Dr., his observations referred
to, 204 n.

Chancery, English Court of, referred to,
165; its origin mentioned, 190; its